Proceedings to enforce or vary charitable trusts
44 Proceedings to enforce or vary charitable trusts
This section applies in relation to property held by a charitable trust whether or not a scheme in respect of the property has been approved under Part 3.
A person may apply to the Court for 1 or more of the following —
an order requiring a trustee of a charitable trust to carry out the trusts on which the property is held, and to comply with the provisions of an approved scheme (if any) relating to the property;
an order requiring a trustee of a charitable trust to meet the trustee’s liability for any breach of trust affecting the property, as the Court may direct;
an order requiring a trustee of a charitable trust to provide a document or information to a person or class of persons, or a person or body representing a person or class of persons, intended to benefit from the application of trust funds from the charitable trust;
an order giving directions in respect of —
the administration of a charitable trust; or
any investigation in relation to a charitable trust; or
any assistance required of a person under section 32(2)(b);
an order requiring an audit of the accounts of a charitable trust;
an order directing that on and after the date of the order, or any subsequent date specified in the order, the property must not be applied except in accordance with an approved scheme;
an order directing that a person holding the property must not dispose of it without the approval of the Court, the Attorney General or some other person;
an order restricting the transactions that may be entered into or the nature or amount of the payments that may be made, in the administration of a charitable trust, without the approval of the Court, the Attorney General or some other person;
any other order that is necessary or convenient to be made for giving effect to an order referred to in any of paragraphs (a) to (h).
Copies of the application must be served on the trustees of a charitable trust to which the application relates.
The Court may decide which persons are to be heard in relation to the application.
After receiving the application, the Court may make any order under subsection (2) it thinks fit.
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